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| Bender v. Lee, NO. 25590,
SUPREME COURT OF HAWAI'I, October 11, 2006, Decided
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| Cunningham v. Yoshina, NO. 28182,
SUPREME COURT OF HAWAI'I, October 11, 2006, Decided
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Overview: Gubernatorial candidate and 30 voters did not have an actionable claim because Haw. Rev. Stat. § 11-173.5(b) did not authorize the court to place nonpartisan candidates on the general ballot when they did not receive the minimum votes required by Haw. Rev. Stat. § 12-41(b). Court could not direct elections office to provide more accurate ballots.
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| Dias v. Stender, NO. 25763,
SUPREME COURT OF HAWAI'I, October 11, 2006, Decided
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Overview: Court erred in awarding summary judgment to defendant in plaintiff's action for damages for injuries sustained in automobile accident where there was a genuine issue of material fact as to whether plaintiff had accumulated medical-rehabilitative expenses in excess of $ 13,900 as required by Haw. Rev. Stat. § 431:10C-306 and Haw. Admin. R. 16-23-10.
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| In the Interest of A.B., NOS. 27608, 27609, AND 27610,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, October 11, 2006, Decided
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Overview: Under Haw. Fam. Ct. R. 63, due to illness of presiding judge, another judge was authorized to decide mother's motions for reconsideration of permanent custody orders and did not err in denying motions based on presiding judge's findings of fact; inter alia, second psychological evaluation of mother was not needed to make appropriate service plan.
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| In the Interest of Doe Children, NO. 27587,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, October 11, 2006, Decided
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Overview: Orders of the family court that resulted in the termination of the parental rights of the mother and father were affirmed because the mother waived any argument related to the alleged violation of her constitutional rights pursuant to Haw. R. App. P. 28(b)(7). The family court's orders were supported by substantial evidence.
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| Leu Okuda & Leu v. Gateway Fin. Serv., NO. 28044,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, October 11, 2006, Decided
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Overview: Appeal from a civil suit was dismissed for lack of jurisdiction as the judgment did not, on its face, either resolve all claims against all parties or contain the finding necessary for certification under Haw. R. Civ. P. 54(b). Therefore, the judgment did not satisfy the requirements for an appealable final judgment under Haw. R. Civ. P. 58.
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| Saunders v. Yoshina, NO. 28181,
SUPREME COURT OF HAWAI'I, October 11, 2006, Decided
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Overview: Candidate's election complaint was timely filed because the 6-day limit in Haw, Rev. Stat. § 11-173.5(a) was mandatory and the 4:30 p.m. requirement was directory; but the complaint failed to establish that election irregularities would have change the outcome of the election, as required by Haw. Rev. Stat. § 11-172.
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| State v. Kaiser, NO. 27526,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, October 11, 2006, Decided
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Overview: In a theft case, the trial court's failure to comply with Gaylord in its findings and conclusions illustrating that defendant could afford to pay the restitution amount entered into the record under Haw. Rev. Stat. § 706-605 required reversal of the restitution order.
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| State v. Rees, NO. 27349,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, October 11, 2006, Decided
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Overview: Trial court did not err by considering information supplied by the City and County of Honolulu Department of Information Technology as the evidence was admissible under Haw. R. Evid. 803(b)(8) and defendant failed to carry his burden in the district court, and in the appellate court, of demonstrating the unreliability of the public records.
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